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Thursday, September 22, 2022

R v Officer Cadet Kenderesi

At a court martial convened at Canadian Forces Base Borden (in Ontario), Officer Cadet (OCdt) Laszlo Kenderesi pled guilty to a charge of  "conduct to the prejudice of good order and discipline", contrary to section 129 of the National Defence Act (NDA) and not guilty to Scandalous Conduct by an Officer, contrary to section 92 of the NDA

The military prosecutor withdrew that charge of Endeavouring to Persuade Another Person to Munity, contrary to section 81 of the NDA.

It appears that the military prosecutor did not present evidence in relation to the charge of Scandalous Conduct by an Officer.  It is reported that the prosecutor and defence counsel offered a joint submission on sentence of a severe reprimand and a $ 4,200.00 fine.  Unless the Military Judge concludes that such a sentence would bring the administration of justice into disrepute or is otherwise contrary to the public interest, then, consistent with the Supreme Court of Canada judgment in R v Anthony‑Cook, 2016 SCC 43, the military judge would not have grounds to reject the joint submission.

Had OCdt Kenderesi been found guilty of Scandalous Conduct by an Officer, absent an absolute discharge (which would have been highly unlikely in the circumstances), the Military Judge would have been obliged to sentence him to either Dismissal or Dismissal with Disgrace, from His Majesty's Service.

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